Employment Licences Unit

Guidelines for Clients

27.11.14

Updated Version in force as from 27th November 2014 1

Employment Licences Unit
Guidelines for Clients

The following Frequently Asked Questions are intended to act as a guide to applicants and to foreign
nationals wishing to work in Malta. They are subject to regular updates and thus, it is important that
applications must comply with those guidelines applicable at the date of application (as indicated in
the footer of this document).

These FAQs are divided into five main parts: 1.0 Scope, 2.0 Process, 3.0 Eligibility, 4.0 After a
licence is issued, and 5.0 Other Considerations. Should you have a specific query that is not
addressed by these FAQ’s, kindly send a letter to The Unit Manager, Employment Licences Unit,
Employment and Training Corporation, Head Office, Hal-Far, Malta, or on email at employment-
licences.etc@gov.mt

1. Scope.............................................................................................................................................. 4
1.1 Why are Employment Licences needed? ............................................................................... 4
1.2 Who needs an employment licence? ...................................................................................... 4
1.3 Who does not need an employment licence? ......................................................................... 5
1.4 Is an employment licence transferable? ................................................................................. 5
1.5 What is the duration of an employment licence? .................................................................... 6
2. Process .......................................................................................................................................... 6
2.1 Applications for a licence for a Croatian national .................................................................... 6
2.2 Applications for a licence for a third country national.............................................................. 7
2.3 Processing of application: ....................................................................................................... 9
2.4 What does labour market consideration involve? ................................................................... 9
2.5 Are there any requirements in terms of health? .................................................................... 11
2.6 What are the timeframes involved in applying for an employment licence? ......................... 11
2.7 How may I apply for renewal of an employment licence and what other information should I
know? .............................................................................................................................................. 12
2.8 What is the fee for an employment licence? ......................................................................... 12
2.9 If my application is rejected, may I request reconsideration? ............................................... 13
3. Eligibility ...................................................................................................................................... 14
3.1 May I apply to be self-employed in Malta?............................................................................ 14
3.2 May a Maltese resident company of which I am a shareholder or ultimate beneficial owner,
apply for a licence to employ me? ..................................................................................................... 14
3.3 May I work part-time? ............................................................................................................ 15
3.4 I am a student in Malta. May I work? ................................................................................... 15

Updated Version in force as from 27th November 2014 2

 3.5 I am a partner of a Croatian national in Malta. May I work? ................................................ 16
3.6 I am a same-sex spouse of an EEA/Swiss national in Malta. May I work? ......................... 16
3.7 I am a Maltese citizen who has adopted a child from a country outside the EEA/Switzerland.
May my child work? ........................................................................................................................... 16
3.8 I am related to a long-term resident in Malta. May I work? .................................................. 16
4. After an Employment Licence is issued ................................................................................... 17
4.1 What happens when the licence is issued? .......................................................................... 17
4.2 What do I do in case of a change of address?...................................................................... 17
4.3 How may a licence be cancelled or revoked?....................................................................... 17
4.4 What if I lose the employment licence? ................................................................................ 18
4.5 What happens if a third country national is found working without a licence? ...................... 18
5. Other Considerations ................................................................................................................. 18
5.1 May I apply for a third country national currently working with someone else? .................... 18
5.2 What rights does a foreign national working in Malta have? ................................................ 19
5.3 What happens if I submit false or, deliberately wrong or incorrect information? .................. 19
5.4 May we show our appreciation for the issue of an employment licence? ............................. 19

Updated Version in force as from 27th November 2014 3

1. Scope
1.1 Why are Employment Licences needed?

The need for an Employment Licence (also known as Work Permit) derives from the Immigration Act
(2004) which regulates the entry and permanence in Malta of non-Maltese citizens. Article 11 of the
Immigration Act provides as follows:

“11.(1) It shall be an implied condition of any leave granted to any person under article 6(1)(a) or,
saving the provisions of Part III, of a residence permit issued to any person under article 7(1) that
such person shall not in Malta exercise any profession or occupation or hold any appointment or be
employed by any other person or engage in business without a licence from the Minister.

(2) It shall be an implied condition of any leave granted to any person under article 6(1)(b) or
extended under paragraph (c), that such person shall not in Malta exercise any profession or
occupation or hold any appointment or be employed by any other person without a licence from the
Minister.

(3) The Minister may grant a licence for any of the purposes mentioned in sub-article (1) or (2) for
such period and under such conditions as he shall think fit and may at any time cancel or vary the
conditions of any such licence.”

It is to be remarked that as a result of the publication of legal Notice No 160 of 2014 Immigration Act
(Cap. 217) Single Application Procedure for a Single Permit as regards Residence and Work and a
Common Set of Rights for those Third-Country Workers legally residing in Malta Regulations, 2014,
the process regarding the authorization of work in Malta by certain categories of Third Country
Nationals shall be conducted by means of a single permit application. Information in this respect is
given in the relative leaflet entitled ‘Single Permit (Work/Residence) Application Procedures and
Rights Enjoyed by Persons Authorized to Work in Malta’ issued by the Department for Citizenship and
Expatriate Affairs (http://mhas.gov.mt). Such persons would still require an employment licence in
order to work in Malta, but the issue of such licence will be an internal process between the
Department for Citizenship and Expatriate Affairs and the Corporation. Indeed the Employment and
Training Corporation will be continue to conduct the labour market tests and consequently the
requirements set down hereunder will still apply in order to carry out such tests.

1.2 Who needs an employment licence?

At present, with the exception of citizens from the EEA1/Switzerland and their TCN2 “family
3 4
members” or “other family members” all foreign nationals require authorisation to work in Malta.

1
EEA nationals are those from Austria, Belgium, Bulgaria, Czech Republic, Cyprus, Denmark, Estonia, Finland,
France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg,
Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the UK.
2
TCN – Third Country National – i.e. Citizens from outside the EEA/Switzerland, excluding persons who are
Long Term Residents or Asylum Seekers, or enjoy the status of Refugee or Temporary Humanitarian Protection,
or Subsidiary Protection.
3
“family members” :
the spouse, provided it does not include a party to a marriage of convenience;
the direct descendants who are under the age of 21 or are dependents, and those of the spouse;
the dependent direct relatives in the ascending line and those of the spouse.
Note: the EEA/Swiss national must be living in Malta for the TCN to not require a licence to work in Malta.

Updated Version in force as from 27th November 2014 4

Employment licences are needed in respect of persons who enjoy long-term residence status (in
terms of Legal Notice 278 of 2006). These licences are not subject to labour market considerations.

In the case of citizens from outside the EEA/Switzerland (or ‘third country national’), applications for
an employment licence or Single Permit applications are, generally, subject to labour market
considerations, as explained further below. Such authorization is not automatic, and is only granted
where EEA/Swiss nationals cannot be identified for the position in question.

Until further notice, applications for an employment licence in respect of citizens from Croatia are
subject to transitional arrangements.

Employment licences are also needed in respect of Asylum Seekers, and for persons with Subsidiary
Protection/Temporary Humanitarian Protection Status and Refugee Status.

In all the above cases, an application for an employment licence is made by the employer, except in
the case of persons with Subsidiary Protection/Temporary Humanitarian Protection Status and
Refugee Status, who are granted a licence in their own name.

1.3 Who does not need an employment licence?

Posted workers, that is, workers who are usually based in another country (EEA/Switzerland) and
who have an employment relationship with an employer in that country, but who are being ‘posted’ for
a stipulated period to Malta, do not need an employment licence. Although no employment licence is
necessary, the firm in Malta to which the employee will be posted must notify the Department of
Industrial and Employment Relations of this posting, within twenty-four hours of commencement of
work. You may contact the Department in Melita Street, Valletta or on telephone number 00356
21224245.

Employment licences are not issued in respect of workers who will not normally or habitually be
carrying out work in Malta. Employers wishing to employ a worker to carry out work primarily in
another country need not apply for an employment licence. At present, for the purpose of
employment licence considerations, ‘normally and habitually working and residing in Malta’ means,
half the requested duration of the licence.

Employment licences are not issued in the case of foreign national non-resident and non-executive
directors (that is, directors who do not ordinarily reside in Malta, who do not have an employment
relationship with the company and who may be in receipt of a director’s remuneration but not in
receipt of a salary) do not require an employment licence.

1.4 Is an employment licence transferable?

An employment licence is issued in respect of a third country national work with a specific employer to
perform a specific job.

4
“other family member”:
a person who, irrespective of his nationality, in the country from which he has come, is a dependant or a member
of the household of the Union citizen having the primary right of residence, or
a person who, for serious health reasons, strictly requires personal care by the Union citizen, or
the partner with whom the Union citizen has a durable relationship

Updated Version in force as from 27th November 2014 5

An employer cannot use an employment licence issued in respect of one employee, for another
employee, even if the latter is performing the same work previously done by the former.

The employee cannot use the licence to take up a different job, or to work for a different employer,
even on a part-time basis.

An employment licence between an employer and a foreign national is deemed to constitute a

commitment between both parties. In the case of third country nationals, ETC will not issue
employment licences in respect of persons who still have a valid employment licence with a different
employer (see also 5.1).

In the case of the situations mentioned hereunder, following the notification, through the Department
for Citizenship and Expatriate Affairs, if it concerns a single permit application, that is, where:

• a change in name of employer, and where the line of business of the employer will remain the
same, having the same owners/shareholders and operating from the same premises, upon
formal notification the Corporation will issue new employment licences for the persons
concerned
• mergers or takeover of business whereby the transfer of employees takes place, upon formal
notification of same, the Corporation will issue new employment licences for the remaining
duration of the active licence.
• a transfer of employee from one enterprise to another within the same group of companies for
the same occupation is notified, the Corporation will issue of a new licence.

The issue of such licences will be free of charge, without prejudice, however, to the cost of the
residence permit that may be required to reflect such change.

1.5 What is the duration of an employment licence?

All employment licences are, in general, issued for a maximum duration of one year. In the case of
Asylum Seekers where employment licences are issued for six months and in the case of Failed
Asylum Seekers where employment licences are issued for three months.

2. Process

2.1 Applications for a licence for a Croatian national

The employer or the Croatian national concerned must obtain an Employment Licence Application
from ETC’s Job Centres in Valletta, Mosta, Birgu and Victoria, Gozo or the Corporation’s Offices in
Hal Far or the ETC website (www.etc.gov.mt). Applications and supporting documents must be sent
or hand delivered to the Employment Licence Unit, ETC, Hal Far.

Updated Version in force as from 27th November 2014 6

2.2 Applications for a licence for a third country national

This section is divided into two parts: documentation required, and processing of application. As
Third country nationals who are eligible for the Single Permit Application still require an employment
licence, which process, as has been explained, is conducted by means of internal arrangements
between ETC and the Department for Citizenship and Expatriate Affairs, some of the documentation
indicated in the contents below still applies in their respect.

This is indicated by means of an asterisk “*”

Documentation required:

In the case of an application for a new employment licence for a third country national, the process is
as follows. The employer, unless it is a single permit application (if it is kindly refer to the information
leaflet http://mhas.gov.mt/en/MHAS-
Information/Services/Documents/Residence/Information%20leaflet%20%28Single%20Permit%29.pdf)
must fill in an application form and submit it to the Employment Licences Unit by hand or by mail.

The following documentation needs to be provided at application stage:

Application form
Curriculum vitae*
Position description*
References/testimonials*
One passport photo
Copy of travel document
Copy of valid visa (if third country national is in Malta)
Copy of qualification certificates and accreditation/recognition*
Covering letter by employer indicating site of work*
The fee (see 2.7 below)*
Evidence of search for EEA/Swiss/Maltese nationals*

The following documents must also be supplied, depending on the case as indicated:

(l) A valid police certificate (if the foreign national is an asylum seeker or a person enjoying Subsidiary
Protection/Temporary Humanitarian Protection Status and Refugee Status.

(m) Valid certificate issued by the Refugee Commissioner in the case of THP5 s/SPs, Refugees and
Asylum Seekers

(n) Proof of long-term residence status, or of relation to long-term resident, where applicable

(o) Evidence from a medical specialist in the case of a home-based foreign carer

(p) A power of attorney signed and attested by a Notary, Advocate or Public official, when a person
applies or withdraws an application on behalf of another, in the case of a home-based carer.

(q) Birth certificates of children, if not born in Malta, if application is for nanny*

(r) Proof of relationship to diplomat, if application is for family member of diplomat

(s) Approval of the regulatory body, in the case of applications for third country nationals to perform a
regulated profession*

5
Subsidiary Protection/Temporary Humanitarian Protection Status

Updated Version in force as from 27th November 2014 7

(t) Health clearance form in the case of third country nationals already in Malta*

(u) Proof of study in Malta, in the case of students

(v) Proof of relationship with EEA/Swiss national in the case of TCN dependent on EEA/Swiss
national

(w) Power of attorney, if application is submitted on behalf of an elderly person or a person with
disability

Documents (a), (b) and (c) above may be found in soft copy on this website. The CV must be filled in
and signed by the person who is the subject of the CV. An inadequate position description will result
in rejection of the application. The application form and the position description needs to be signed by
the employer. Contact details must also relate to the employer, not to the third country national.

In respect of (d), if a third country national lacks formal qualifications in the occupation for which s/he
will be engaged, s/he requires at least three years of experience, to which these original references
must testify, stipulating start and end dates, and details of work carried out. References must be
signed in original with clear contact details of the referee. If repeated attempts on ETC’s part to
contact the referee prove futile, the application will be rejected.

In respect of (e) and (f), if the third country national is already in Malta, they may be certified as true
likeness and as true copy respectively, by the employer signing the application. If the foreign national
is still abroad at the time of application, the certification is to be done by a Malta Embassy official or a
lawyer, or a doctor, whose details must be legible. In the case of countries whose nationals are
subject to the visa requirement when travelling to Malta, all the pages of the travel document
(passport) have to be presented. A list of these countries may be found at www.mfa.gov.mt
(http://www.mfa.gov.mt/Default.aspx?MDIS=530).

In respect of (g), a copy of a valid visa is always required. On application, this visa must be valid for
at least a further six weeks (in force with effect from 31st May 2010).

In respect of (h), relevant qualification certificates assist with favourable consideration of an

application but do not in themselves guarantee a positive outcome. In any case, qualification
certificates must be relevant to the post to which the application refers. The employer is not to submit
original certificates to ETC but only certified true copies of originals. In the case of lesser-known
academic institutions, the applicant organization must obtain recognition from the Malta Qualifications
Recognition and Information Centre (MQRIC) – (http://www.mqc.gov.mt/home?l=1). It is the
responsibility of the applicant organization to submit to ETC translated and legalized documents from
Maltese Embassies/Consulates abroad. Translations are to be in English. ETC may, where the need
arises, refer such certificates to MQRIC or to Maltese Embassies abroad for further verification.

In respect of (i), the covering letter by the employer is to state in as much detail as possible why this
position is necessary and why it cannot be filled by an EEA/Swiss/Maltese national. Efforts of the
search for candidates must be illustrated and proved. Any supporting documentation such as
contracts or evidence of relevant commercial activity should be provided to substantiate the
application.

In respect of (j), ‘Fees’, please see 2.7 below for the relevant amounts.

(k) Employer must submit evidence of his/her active efforts to locate EEA/Swiss/Maltese candidates,
providing details of methods and outcomes, such as copies of adverts and responses to these
adverts; efforts to use ETC matching services and outcome thereof, also placing the advert on
EURES.

Updated Version in force as from 27th November 2014 8

All Maltese employers engaging personnel (regardless of their nationality) require a PE Number to be
able to do so. This includes employers of personal carers, nannies and housekeepers. The
application for a PE number needs to be submitted to the Inland Revenue Department, Floriana.

ETC and the Department for Citizenship and Expatriate Affairs reserve the right to request any further
documentation that it may deem necessary to assist it to consider the authenticity of applications.

2.3 Processing of application:

When the application is received, the Employment Licences Unit verifies that all documentation is
present and the fee has been paid. If incomplete, the application is returned to the applicant. If
documentation is complete, the application moves on for processing. Preliminary verifications include
checks as to the existence and operations of the company concerned, and its staff lists as registered
with ETC.

Requests for changes by the applicant organization in regard to information already submitted (ie
changes relating to position, salary and hours of work) will cast serious doubt on the veracity of the
application

The application is then considered from a labour market perspective (see Section 2.3 below). If the
application is not accepted, the applicant is informed as soon as possible

Key stakeholders are asked for their clearance, including health and immigration authorities, as well
as other sector-specific authorities as the case may be. If clearance is withheld from any of these
stakeholders, the application will be rejected and applicant informed accordingly. If no stakeholder
presents an objection, then the employment licence is issued to the employer, and the third country
national may take up employment with that employer on the terms indicated in the application.

Applications will be considered more favourably if employers indicate in their application that the wage
to be granted, reflects the average wages in the relevant occupation or sector. These may be found in
the latest Labour Force Survey on www.nso.gov.mt.

In the case of single permit applications further information regarding processing is available on the
information leaflet ‘Single Permit (Work/Residence) Application Procedures and Rights Enjoyed by
Persons Authorized to Work in Malta’ (http://mhas.gov.mt). Reference may also be made to the
provisions contained in Legal Notice 160 of 2014.

2.4 What does labour market consideration involve?

There are many aspects to labour market consideration, including the national situation in respect of
surpluses or shortages in the given occupation and sector; the employer’s history and situation in
terms inter alia of recruitment and redundancy patterns; business investments; and contractual
commitments. The third country national’s skill level, relevant experience and overall suitability for the
position in question are also taken into account.

Applications for third country nationals from firms that have effected redundancies in the post in
question, or in similar positions to that being applied to, in the preceding twelve months will not be
entertained.

Updated Version in force as from 27th November 2014 9

Moreover there are a number of specific occupational/sectoral considerations as follows:

In the case of applications for highly qualified employment, applications will generally be considered
favourably, in line however with the labour market situation. To be treated as highly qualified
employment, applications must illustrate clearly that certain conditions will be met, which include the
following. The third country national concerned must hold qualifications at ISCED6 levels 5a, 6 or
above and which must be validated by Malta Qualifications Council; must hold any documents
necessary in the case of regulated professions; must have an offer of a job which may be considered
highly qualified employment and which involves the payment of at least 1.5 times the average gross
annual salary as defined in the most recent Labour Force Survey issued by the National Statistics
Office (www.nso.gov.mt) but without prejudice to any applicable collective agreements in the area
concerned.

In respect of family members of diplomats stationed in Malta, applications are referred to the Ministry
of Foreign Affairs in view of the possible existence of reciprocity agreements. Where no such
agreements are in place, applications are subject to labour market considerations.

In respect of home-based carers, applications are at present not subject to a labour market test.
However, a medical certificate declaring that the applicant requires a full-time carer to meet his or her
daily needs, must be submitted with the application. In respect of carers for children, a clear case
must be made for the need to recruit foreign nationals, and if born outside Malta copies of the birth
certificates of children (aged under 16) must be submitted with the application. If the children were
born in Malta details re date of birth need to be submitted for the Corporation to be able to retrieve a
copy of the birth certificate from the Public Registry.

In respect of culture and entertainment, the employer does not need to provide evidence of a search
for EEA/Swiss/Maltese candidates. He or she does however have to elaborate in the covering letter
on the reasons for the choice of the third country nationals concerned.

In respect of steel fixers, form work erectors and concrete shutterers, evidence of work contracts is
necessary. Employers may be required to actively participate in Open Days held by ETC and to
interview suitable EEA/Swiss/Maltese candidates on request. Failure to do so may result in non-issue
of employment licences and/or revocation of current ones.

In respect of cleaners and room attendants, evidence of work contracts is necessary. Employers may
be required to actively participate in recruitment drives held by ETC and to interview suitable
EEA/Swiss/Maltese candidates on request. Failure to do so may result in non-issue of employment
licences and/or revocation of current ones.

In respect of chefs in restaurants offering ethnic cuisine, the policy is as follows. The prior approval of
the Malta Tourism Authority is required in each case. Outlets with up to thirty covers may apply for up
to two third country nationals; outlets with up to one hundred covers may apply for up to three third
country nationals; outlets with over one hundred covers may apply for up to four third country
nationals. Applications from employers that engage the services of EEA/Swiss/Maltese nationals as
part of their staff complement will assist in the favourable consideration of an application

In respect of sportspersons, ETC will obtain the prior approval of the Malta Council for Sports. In the
case of footballers a copy of the contract of work submitted to the Malta Football Association, would
need to be submitted with the application for issue of Licence

In respect of foreign minors to work in film productions, these applications are referred for the views of
the Department of Industrial and Employment Relations (DIER) and a Licence is given upon DIER
consent.

6
http://www.etc.gov.mt/docs/ISCED%20Levels.doc

Updated Version in force as from 27th November 2014 10

2.5 Are there any requirements in terms of health?

There are no health requirements in terms of EEA/Swiss nationals.

In the case of third country nationals coming from High Risk TB countries7, health clearance is
necessary. On receiving an application, ETC sends a Health Form to the employer, so that clearance
is obtained from the Qormi Health Centre. In the case of third country nationals already in Malta at
the time of application, health clearance is to be obtained before the Employment Licence can be
issued. In the case of third country nationals still abroad when application is submitted, health
clearance is to be presented to ETC within three months of the issue of the Employment Licence, or
their entry in Malta. If such clearance is not presented, the Licence will be revoked and the
immigration authorities will be alerted accordingly.

It is also necessary for an employer to take out a private health insurance for the TCN concerned, to
cover the full duration of employment. The employer is to provide a copy of the receipt for the
insurance premium within three months from the date the Licence is issued, failing which, the licence
will be revoked. Such health insurance is not required for home-based carers, for persons working
with persons with disability and persons needing constant care; or for third country nationals working
in the public service.

2.6 What are the timeframes involved in applying for an employment

licence?

ETC endeavours to process applications in the shortest time possible.

In the case of applications for a new licence in respect of Croatian nationals and “family members” /
“other family members”, the application is first considered from a labour market perspective. If the
application is not accepted, a rejection letter is issued within fifteen working days.

In respect of third country nationals who are not eligible for a single permit application, the application
is first considered from a labour market perspective. If the application is not accepted, a rejection
letter is issued within fifteen working days.

If the application is accepted from a labour market perspective, it will be referred to other stakeholders
for views. If no objections are received from the stakeholders concerned, the Corporation will proceed
to issue the licence. Generally, feedback from stakeholders may take four (4) to six (6) weeks to
reach the Corporation.

In case of TCNs eligible under the single permit directive, kindly refer to the following:
http://mhas.gov.mt/en/MHAS-
Information/Services/Documents/Residence/Information%20leaflet%20%28Single%20Permit%29.pdf)
for further information.

7
http://www.etc.gov.mt/docs/High%20Risk%20TB%20Countries.pdf

Updated Version in force as from 27th November 2014 11

2.7 How may I apply for renewal of an employment licence and what
other information should I know?

An application for renewal for a Croatian national and “family members” / “other family members”, is
issued within five working days.

In respect of third country nationals, an application for renewal, accompanied by the relevant fee,
must be received at least eight weeks prior to the expiry of the prevailing Employment Licence, and a
receipt of payment will be issued. If applications are made late, and the prevailing Employment
Licence expires, the third country national concerned is not permitted to continue to work beyond the
expiry date of his or her licence.

Applications for renewal for third country nationals must be accompanied by evidence of payment of
national insurance and income tax, upon the prescribed ETC form (Tax Declaration Form). This
evidence is still needed in the case of an application by (a) an employer who is applying for the same
third country national but is submitting a ‘new’ application rather than one for renewal; and/or (b) an
employer who is seeking to re-employ the third country national under a different company. Evidence
of the ongoing need for this deployment is also necessary Evidence from the IRD of wages and NIs
paid and the no of employees employed in the preceeding year is necessary to justify the renewal of
the Employment Licence

The application for a TCN is re-considered from a labour market perspective. Such an application is
normally favourably considered conditional to applicant’s training and EEA/Swiss/Maltese national in
the position applied for. If this is not done, not only the issue of the licence will be jeopardized but the
renewal of licence will not be at all possible.

If the applicant is applying for a renewal of an employment licence, there is no need to re-submit the
Curriculum Vitae or the Position Description if the third country national is to be doing the same work.
This should however be clearly declared in the covering letter. Neither is there need to resubmit any
qualifications in such instances.

When the new licence is picked up more than four weeks before its commencement date, the original
copy of the old licence is to be returned at the same time.

2.8 What is the fee for an employment licence?

In respect of new applications, and in line with Legal Notice 254 of 2009, the fees are as follows:

a) Croatian nationals and their family members who are third country
Payable on issue € 58
nationals and who are entitled to work
b) Third country national Long-term Residents Payable on issue € 58
c) Asylum seekers; recognized refugees; beneficiaries of subsidiary
Payable on issue € 58
protection and persons granted analogous forms of protection.
Payable on application € 150
d) All other third country nationals
Payable on issue € 80

The application fee is waived in respect of employers of persons exempt from providing private health
insurance in respect of their third country national employee. This provision is not applicable for the
employment of third country nationals in the public service

Updated Version in force as from 27th November 2014 12

In cases of the short-term employment (for less than twenty working days) of a group of foreign
nationals in the film and entertainment industry, a bulk licence fee is payable as follows,

Croatian Nationals Є58 for the first person

€5.80 for any additional person up to a maximum of €500
Payable on issue

TCNs €150 for the first person

€15 for any additional person up to a maximum of €500.
Payable on application
If the bulk licence is issued, an additional €80 is payable.

In the case that the short term employment is of more than 20 days, the normal application procedure
i.e. one application form for each individual, applies. Especially in the case of third country nationals,
the application must be submitted at least 8 weeks before the TCN’s intended arrival in Malta, to allow
for security clearance.

In respect of applications to extend an employment licence, the renewal fees are as follows:

a) Croatian nationals and their family members who are third country
Payable on issue € 34
nationals and who are entitled to work
b) Third country national Long-term Residents Payable on issue € 58
c) Asylum seekers; recognized refugees; beneficiaries of subsidiary
Payable on issue € 34
protection and persons granted analogous forms of protection.
Payable on application € 150
d) All other third country nationals
Payable on issue € 80

2.9 If my application is rejected, may I request reconsideration?

The appeal procedure regarding the single permit applications is provided in Legal Notice 160 of 2014
and as explained in the relative information leaflet.

As regards other applications not falling under the above-mentioned procedure the following process
applies:

Following feedback from ETC, applicants may, within one calendar month from the date of rejection
letter, submit a request for reconsideration. In the request for reconsideration applicants have to
substantiate the request for the issue of Licence by submitting new information and/or by giving
reasons why the request should be favourably considered

Only one request for reconsideration may be made in respect of any rejection.

Reconsideration is only possible in the case of labour market considerations. If an application is

rejected on grounds of security, health, or other stakeholder clearance, a reconsideration is not
possible.

An employer may not submit a second application for the same person for the same occupation for
which a rejection would have been issued and confirmed at reconsideration stage, for the following 6
months, from the date of the second letter of refusal.

Updated Version in force as from 27th November 2014 13

3. Eligibility

3.1 May I apply to be self-employed in Malta?

First of all it has to be remarked that the single permit application process does not apply in the case
of self-employment.

EEA/Swiss nationals, (including Croatian citizens) and their TCN “family members” or “other family
members”, may take up self-employment in Malta without the need for an employment licence,
although they must still send an Engagement Form to ETC (in line with Legal Notice 110 of 1993).

In respect of third country nationals, an employment licence is required and is only granted in
exceptional cases. In order to qualify for self-employed status, a third country national must meet one
or more of the following criteria:

a. Invest in Malta capital expenditure of at least Eur 100,000, within 6 months from the date on
which the ETC licence is issued. Capital expenditure shall solely consist of fixed assets (such as
immovable property, plant and machinery) used for the business purposes as reflected in the
business plan submitted with the application. Rental contracts do not qualify. Such expenditure
needs to be supported by receipts in the TCN’s name. The application also needs to be accompanied
by a letter of reference in respect of the TCN, from a reputable Maltese bank that certifies that the
TCN has the facility to raise such capital;

b. Highly skilled innovators with a sound business plan to be submitted with the application who
commit to recruiting at least three EEA/Swiss/Maltese nationals within eighteen months of
establishment;

c. Sole representative of an overseas company (with a sound reputation and established for at
least three years abroad) wishing to open a branch in Malta. Evidence of representation is required

d. A person leading a project that has been formally approved by Malta Enterprise and formally
notified by the latter to ETC.

Applications containing a firm commitment re the engagement of EEA/Swiss/Maltese nationals as part

of the staff complement will assist in the favourable consideration of an application

Long-term residents, Asylum Seekers, persons enjoying Subsidiary Protection/Temporary

Humanitarian Protection Status and Refugee Status require an employment licence to work as self-
employed in Malta. However, they are exempt from meeting the above criteria.

3.2 May a Maltese resident company of which I am a shareholder or

ultimate beneficial owner, apply for a licence to employ me?

The company of which the foreigner is a shareholder or ultimate beneficial owner must meet one or
more of the following criteria:

a Every TCN shareholder must have a fully paid up share capital of at least Eur 100,000 which
may not be redeemed, reduced or transferred to a third party during the first two years following the
issuing of the Employment Licence;

Updated Version in force as from 27th November 2014 14

b Have made a capital expenditure of at least Eur 100,000 that is to be used by the company.
Capital expenditure shall solely consist of fixed assets (such as immovable property, plant and
machinery) used for the business purposes as reflected in the business plan submitted with the
application. Rental contracts do not qualify. Such expenditure needs to be supported by receipts in
the company’s name;

c The company is a sole representative of an overseas company (with a sound reputation and
established for at least three years abroad) wishing to open a branch in Malta. Evidence of
representation is required

d The company is leading a project that has been formally approved by Malta Enterprise and
formally notified by the latter to ETC.

Applications containing a firm commitment re the engagement of EEA/Swiss/Maltese nationals as part

of the staff complement of the company will assist in the favourable consideration of an application.
Moreover at application stage a business plan in conformity with the Memorandum and Articles of
Association of the company, must be submitted together with a letter of reference from a reputable
Maltese bank that the TCN could raise the capital to which he/she would have committed
himself/herself;, in respect of the TCN in favour of whom the licence is to be issued.

Croatian citizens and their TCN “family members” or “other family members”, Long-term residents,
Asylum Seekers, persons enjoying Subsidiary Protection/Temporary Humanitarian Protection Status
and Refugee Status require an employment licence. However, they are exempt from meeting the
above criteria.

Executive Directors – in cases where a director is not a shareholder, the application does not need to
meet the above criteria, and it will be processed from a labour market consideration (see 2.3 on what
the labour market consideration involves).

3.3 May I work part-time?

There are no restrictions on the type of work undertaken by Long Term Residents or by recognized
Refugees and persons with Temporary Humanitarian Protection or Subsidiary Protection. Croatian
nationals must first have worked for a minimum of 12 months on full time basis before being eligible
for part time work as their primary or secondary employment.

Asylum seekers may work on a full or part-time basis.

Third country nationals may only work on a full-time basis, or on a part-time basis if such job enjoys a
remuneration which is at least twice the minimum wage throughout the validity of the employment
licence.

3.4 I am a student in Malta. May I work?

Croatian nationals and their TCN “family members” or “other family members” may apply for an
employment licence provided that they would have already been participating in the labour market
prior to the commencement of their studies.

Updated Version in force as from 27th November 2014 15

Only TCN students holding a residence permit issued under Legal Notice 29 of 2008 are entitled to
take up employment, for a maximum period of ten hours each week as long as they are in possession
of an Employment Licence. Students are not granted licences to take up self-employment.

TCN students in Malta to study English do not fall under the above legal notice and therefore the
Corporation will not accept applications for issue of an Employment Licence.

Applications for employment licences for students are received from the employer seeking to recruit
the student.

Applications are not accepted in respect of students who are still in their first year of residence in
Malta or who do not have a copy of a student’s residence permit issued by the Department of
Citizenship and Expatriate Affairs.

The expiry date of the Employment Licence will correspond to the date of commencement of the
following academic year. For the purpose of these guidelines “completion of studies” will be taken to
mean the date when Faculties/Institutes/Centres work out final classifications following issue of resit
results. Applications from employers in respect of students who have not left Malta for at least three
consecutive months following completion of their studies will not be accepted, except where required
by public policy and in the case of graduates (ISCED 5 and higher).

3.5 I am a partner of a Croatian national in Malta. May I work?

An application for an Employment Licence for a third country national, bona fide partner of a Croatian
national who lives and works in Malta will be considered positively, provided that a residence card
issued by the DCEA stating that the person is in fact “Other Family Member” is presented on
application.

3.6 I am a same-sex spouse of an EEA/Swiss national in Malta. May I

work?

Applications will be considered from a labour market perspective only.

3.7 I am a Maltese citizen who has adopted a child from a country

outside the EEA/Switzerland. May my child work?

A third country national adopted in accordance with Maltese Law by a Maltese national before his or
her eighteenth birthday will be granted an automatic Employment Licence after age 21. Before this
age, no licence is necessary as the person in question would be considered an “exempt person” in
terms of the Immigration Act

3.8 I am related to a long-term resident in Malta. May I work?

Updated Version in force as from 27th November 2014 16

Family members of long-term residents (LTRs) who acquire a residence permit under the Family
Reunification Regulations (LN150 of 2007) are entitled to apply for an employment licence to work in
Malta. From the thirteenth month after reunification, family members of LTRs are entitled (in the same
way as the LTR him or herself) access to employment and to self-employment, without the need for
labour market considerations.

In this instance, family members refers to (a) the LTR’s spouse who is aged twenty one or over; (b)
the unmarried minor children of the LTR and of his spouse, including children adopted in a manner
recognized by Maltese law; and (c) the unmarried minor children, including adopted children, or the
LTR or of the spouse, as the case may be, where the sponsor or the spouse has custody and the
children are dependent upon him/her.

Proof of relation to LTR is to be presented upon request and/or a copy of passport showing residence
in Malta on the basis of family reunification.

Applications for employment licences for family members who are not granted rights out of Legal
Notice 150 of 2007 but who wish to work in Malta will be treated as third country national applications.

4. After an Employment Licence is issued

4.1 What happens when the licence is issued?

In the case that it is not a single permit application when the employment licence is issued, the
applicant is immediately informed.

At ETC, an automatic Engagement Form is generated, which signals the start of employment on the
date when the licence was issued. Should the actual employment not start on the date of the licence,
the employer is to advise ETC by sending an Engagement Form with the correct date of
commencement. This form may be obtained from www.etc.gov.mt

Compliance with social security, income tax and employment conditions regulations must be ensured.

The employee in respect of whom an employment licence is issued, must go to the Department for
Citizenship and Expatriate Affairs in order to obtain a residence permit. This must be done within
three months from the date of the employment licence or three months from date of entry into Malta, if
the third country national is abroad on the date of issue of Licence.

4.2 What do I do in case of a change of address?

ETC is to be notified immediately of any change of address in respect of the residence of a foreign
national or the site of work at which he/she is deployed. A new Employment Licence will be issued
free of charge against submission of the old Licence.

4.3 How may a licence be cancelled or revoked?

Updated Version in force as from 27th November 2014 17

An employment licence may be stopped in one of two ways. First, it may be revoked by ETC. This
may occur if the employer fails to collect the licence within one month from date of issue, or if the
licence conditions are breached. Examples of the latter include (but not exhaustively) instances such
as: (a) third country nationals (TCNs) undertaking different work to that specified in the relative
employment licence; (b) TCNs working for a different employer than the one specified on the
employment licence; (c) issue of licence on the basis of false information or false documentation; and
(d) failure to present receipt of payment for health insurance within specified timeframe. The
Corporation may also revoke an employment licence if the person in respect of whom the licence is
issued is found guilty of committing a criminal offence.

Second, it may be cancelled by the employer, for a number of reasons, for instance if the third country
national concerned (a) did not come to Malta, (b) did not report to work, (c) left the employer’s service
during the validity of the licence, and (d) did report to work but the employment relationship was
subsequently terminated through dismissal or redundancy.

In the case of cancellation, the employer is to advise the ETC in writing, stating the reason for
cancellation, the with effect date and is to return the licence to ETC.

4.4 What if I lose the employment licence?

If the licence is lost the Corporation will issue a copy of the Licence at a €10 fee applicable for the
replacement of the licence. Applicants preferring to do so, may collect their copy of the employment
licence from the Employment Licences Unit in Hal Far.

4.5 What happens if a third country national is found working without

a licence?

Such instances are reported to the Immigration Police as they constitute a violation of the provisions
of the Immigration Act (Cap 217) and the employer would be subject to prosecution and penalties
while the foreign national concerned may be removed from Malta.

Employers found guilty by the Courts of Law of illegally employing third country nationals will be
barred from applying for any new or renewed licence for twelve months.

Reports of illegal employment may be made to ETC’s freephone hotline.

5. Other Considerations

5.1 May I apply for a third country national currently working with
someone else?

An application for a third country national currently employed with someone else, can only be
considered when the first licence has expired or has been cancelled by the employer.

Updated Version in force as from 27th November 2014 18

5.2 What rights does a foreign national working in Malta have?

Employers should not engage foreign nationals on conditions of work, (ie wages/salaries, hours of
work etc) which are less favourable than those established for work of the same character or nature
by national laws and regulations. The Employment and Industrial Relations Act applies to all foreign
nationals engaging in employment in Malta. The ETC encourages Equal Treatment of workers and
implements this through the services offered. All ETC services are available to those individuals who
have an inherent right to work in Malta.

Any employee who believes that his or her rights may be breached in any way may seek recourse at
the Department for Industrial and Employment Relations at Melita Street, Valletta.

Employers are obliged to ensure that foreign nationals are sufficiently conversant in English and/or
Maltese to understand all health and safety requirements.

5.3 What happens if I submit false or, deliberately wrong or incorrect

information?

As indicated in the application form itself, in such a case (for example, applying for a position, and
then, engaging the TCN on different working activity or job other than that applied for), not only the
application will be refused or rescinded, but the applicant organization will also be liable to
prosecution

5.4 May we show our appreciation for the issue of an employment

licence?

ETC aims to provide the best possible service. If you feel that you have been served well, we would
be very pleased to hear this on employment-licences.etc@gov.mt. However, we do have a strictly
observed policy that employees are not allowed to receive any form of gifts for their services and we
thank you for your understanding.

Updated Version in force as from 27th November 2014 19